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Choice to Share Custody with Abusive Ex-Spouse Influenced by Fear, Finances

A study published in the Journal of Social and Personal Relationships shows that, rather than choosing a context that would be both safe and the most beneficial to the children, the decision to share custody with an abusive ex-husband is most commonly motivated by fear, financial concerns or guilt over breaking up the family.

For some of the mothers in the study, threats by their exes to pursue a long and confrontational court battle or to withhold support were further influences on their decision.

Additionally, less than half felt their lawyers had acted as abuse advocates during the proceedings and, even though it is recommended that domestic abuse victims be exempted from mandated co-parenting classes, half of the women studied had been required to attend them despite their attorney's knowledge of a history of abuse.

The study's author, University of Illinois professor Jennifer Hardesty, says the findings suggest the legal system should identify cases in which domestic violence is a factor and tailor custody proceedings accordingly.

"We need to know when there is too much risk for ongoing involvement and learn to tailor interventions, such as the post-divorce parenting class, to meet the different needs of parents with histories of violence," she said.

"So many people think that leaving the abuser means the end of the abuse; when children and custody arrangements are involved, that is often not the case."